§ 44. Mr. N. MACLEANasked the Secretary of State for Scotland whether he is aware that Mr. Donald McAllister, of 34, Castle Street, Aberdeen, was knocked down and assaulted on 31st December last in the lobby of his mother's house at 11, Union Street, Aberdeen, by a number of men with whom he had remonstrated for causing a nuisance there; that no action was taken by the police authorities, who were called in on the night of the assault; that as a result of the injuries he then received Mr. McAllister, after receiving treatment at home and in hospital, died on 21st January last; that one of the men concerned in the assault, after making a statement to the police on the 20th January, was arrested on 24th January on a sheriff's warrant and charged with culpable homicide; that no further proceedings have been taken in the case or communication made to the deceased man's relatives by the police authorities, although evidence is available to prove that Mr. McAllister's death was due to the injuries he received on 31st December; and what action he proposes to take?
§ The LORD ADVOCATEI am aware that in the course of an altercation on 31st December last in the entry leading to his mother's house at 11, Union Street, Aberdeen, Mr. Donald McAllister received a blow on the nose. The injury was itself of a trivial character and the police on the night of the assault were requested by Mr. McAllister to take no action. Mr. McAllister resumed his work 324 in the beginning of the year but some days later erysipelas supervened and he was removed to hospital. He died on 21st January from septicaemia and septic pneumonia. The man who struck the blow came forward voluntarily and made a statement to the police. He was arrested on a charge of culpable homicide pending further inquiries. On a careful consideration of the whole circumstances of the case and particularly the medical evidence regarding the causation of death, criminal proceedings were held not to be justified. I see no reason to depart from that decision.